COVID-19 Response and Economic Recovery Omnibus Act 2020

As at 11 Sep 2020 No. 34 of 2020 Published on www.legislation.wa.gov.au

Western Australia

COVID-19 Response and Economic Recovery

Omnibus Act 2020

As at 11 Sep 2020 No. 34 of 2020 page i Published on www.legislation.wa.gov.au

Western Australia


Omnibus Act 2020

Contents

Part 1 — Preliminary

1. Short title 2 2. Commencement 2 3. Primary purposes of Act 2 4. Terms used 2 5. Act binds Crown 3 6. Relationship of this Act to other written laws 3

Part 2 — Provisions of general

application

Division 1 — Fees and charges

Subdivision 1 — Preliminary 7. Terms used 4

Subdivision 2 — CEO and chief employee orders 8. CEOs or chief employees may reduce, waive or

refund fees and charges 4 9. CEOs or chief employees may extend timeframes

for payment of fees and charges 6 10. Subdivision and orders cease to have effect 6

Subdivision 3 — Validation of reductions, waivers

and refunds 11. Validation of reductions, waivers and refunds 6

Division 2 — Meetings

Subdivision 1 — Meetings 12. Term used: body 8

COVID-19 Response and Economic Recovery Omnibus Act 2020

Contents

page ii No. 34 of 2020 As at 11 Sep 2020 Published on www.legislation.wa.gov.au

13. Meetings under relevant enactments may occur by

instantaneous communication 8 14. Public meetings 9 15. Locations of meetings 9 16. Venues for meetings 10 17. Subdivision ceases to have effect 10

Subdivision 2 — Validation of meetings and

decisions 18. Validation of meetings and decisions 10

Division 3 — Public availability of documents

Subdivision 1 — Public availability of documents 19. Public availability of documents 11 20. Subdivision ceases to have effect 12

Subdivision 2 — Validation of things done 21. Validation of things done 12

Division 4 — Presence and dealing with

documents by audiovisual communication 22. Presence by audiovisual communication 12 23. Signing documents witnessed by audiovisual

communication 13 24. Relevant enactments 14 25. Relationship with other laws relating to electronic

processes 15 26. Division ceases to have effect 15

Division 5 — General provisions 27. Postponing cessation of Divisions and

Subdivisions 15

Part 3 — Provisions affecting

obligations or authorisations

under Acts

Division 1 — Preliminary 28. Terms used 17

Division 2 — Authorisations generally 29. Decision-maker may set new expiry day for

authorisations during operative period 17 30. Decision-maker may modify or remove conditions

of authorisations during operative period 21


Contents

As at 11 Sep 2020 No. 34 of 2020 page iii Published on www.legislation.wa.gov.au

31. Decision-maker may decide order no longer

applies to relevant authorisation if condition of

order breached 22

Division 3 — Specific provisions 32. Exemption from local planning scheme taken to be

exemption from region planning scheme 23 33. Extension of certain time limits under relevant

schemes 24

Division 4 — End of operative periods for

provisions of Part 34. Postponing ending of operative periods for

provisions of this Part 25 35. End of operative period does not affect things done

during period 26 36. Orders cease to have effect at the end of

30 June 2025 26

Part 4 — Modification of Acts

Division 1 — Bail Act 1982 modified 37. Act modified 27 38. Section 43A modified 27

Division 2 — Mental Health Act 2014 modified 39. Term used: Mental Health Infection Control

Directions 27 40. Act modified 28 41. Section 48 modified 28 42. Section 79 modified 28 43. Validation of assessments and examinations 29

Division 3 — Oaths, Affidavits and Statutory

Declarations Act 2005 modified 44. Act modified 30 45. Section 9 modified 30

Division 4 — Sentencing Act 1995 modified and

consequential modification

Subdivision 1 — Sentencing Act 1995 modified 46. Act modified 30 47. Section 14 modified 31 48. Section 14B inserted 31

14B. Use of audio link for sentencing 31


Contents

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49. Section 34 modified 32

Subdivision 2 — Criminal Procedure Act 2004

modified consequentially 50. Act modified 32 51. Section 77 modified 32

Division 5 — Postponing cessation of modifying

provisions 52. Postponing cessation of modifying provisions 33

Part 5 — Acts amended: facilitating

electronic transactions

Division 1 — Extending the application of the

Courts and Tribunals (Electronic Processes

Facilitation) Act 2013 53. Administration Act 1903 amended 34

3A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2

applies 34 54. Coroners Act 1996 amended 34

4A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies 34

55. Courts and Tribunals (Electronic Processes

Facilitation) Act 2013 amended 34 56. Criminal Investigation Act 2006 amended 35


applies 36 57. Criminal Investigation (Extra-territorial Offences)

Act 1987 amended 36 3B. Courts and Tribunals (Electronic

Processes Facilitation) Act 2013 Pt. 2 applies 36

58. Criminal Investigation (Identifying People)

Act 2002 amended 36 4A. Courts and Tribunals (Electronic


59. Family Court Act 1997 amended 37 9B. Courts and Tribunals (Electronic


60. Juries Act 1957 amended 37


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3B. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2

applies 37 61. Sentence Administration Act 2003 amended 37


applies 37

Division 2 — Amendment of environmental and

water related legislation

Subdivision 1 — Contaminated Sites Act 2003

amended 62. Act amended 38 63. Schedule 2 amended 38

Subdivision 2 — Litter Act 1979 amended 64. Act amended 38 65. Section 33 amended 38

Subdivision 3 — Rights in Water and Irrigation

Act 1914 amended 66. Act amended 39 67. Section 6 amended 39 68. Section 26GZB amended 39 69. Section 26GZG amended 39 70. Section 26N amended 40 71. Section 27 amended 40 72. Section 66 amended 40

Subdivision 4 — Waste Avoidance and Resource

Recovery Act 2007 amended 73. Act amended 41 74. Section 28 amended 41 75. Section 47 amended 42 76. Schedule 3 amended 42

Subdivision 5 — Water Agencies (Powers) Act 1984

amended 77. Act amended 42 78. Section 36 amended 43

Subdivision 6 — Water Services Act 2012 amended 79. Act amended 43 80. Section 222 amended 43


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Part 6 — Acts amended:

miscellaneous matters

Division 1 — Bail Act 1982 amended 81. Act amended 44 82. Various provisions amended 44

Division 2 — Constitution Acts Amendment

Act 1899 amended 83. Act amended 44 84. Section 45A inserted 44

45A. Executive Council meetings 44

Division 3 — Criminal Procedure Act 2004

amended 85. Act amended 45 86. Section 21 amended 45 87. Section 23 amended 46 88. Schedule 1 clause 3 amended 46

Division 4 — Evidence Act 1906 amended 89. Act amended 46 90. Section 106K amended 46 91. Section 106N amended 48

Division 5 — Interpretation Act 1984 amended

and consequential amendments

Subdivision 1 — Interpretation Act 1984 amended 92. Act amended 48 93. Section 3 amended 48 94. Section 45 amended 48

Subdivision 2 — Consequential amendments 95. Auction Sales Act 1973 amended 48 96. Debt Collectors Licensing Act 1964 amended 49 97. Employment Agents Act 1976 amended 49 98. Finance Brokers Control Act 1975 amended 49 99. Land Valuers Licensing Act 1978 amended 49 100. Motor Vehicle Dealers Act 1973 amended 49 101. Real Estate and Business Agents Act 1978

amended 49 102. Transfer of Land Act 1893 amended 49


Contents

As at 11 Sep 2020 No. 34 of 2020 page vii Published on www.legislation.wa.gov.au

Part 7 — Miscellaneous

103. Provisions about orders made under Act 50 104. Effect of provisions of this Act, certain regulations

and orders ceasing to have effect 50 105. Regulations 51

Defined terms

As at 11 Sep 2020 No. 34 of 2020 page 1 Published on www.legislation.wa.gov.au

Western Australia


Omnibus Act 2020

No. 34 of 2020

An Act —

to provide for the amelioration of problems and impediments

arising from the emergency response to the COVID-19

pandemic; and

to facilitate aspects of the economic recovery from the

emergency response to the pandemic; and

to make related amendments to various Acts; and

to validate certain actions taken during or following the state

of emergency declared in relation to the pandemic on

16 March 2020; and

for related purposes.

[Assented to 11 September 2020]

The Parliament of Western Australia enacts as follows:


Part 1 Preliminary

s. 1

page 2 No. 34 of 2020 As at 11 Sep 2020 Published on www.legislation.wa.gov.au

Part 1 — Preliminary

1. Short title

This is the COVID-19 Response and Economic Recovery

Omnibus Act 2020.

2. Commencement

This Act comes into operation as follows —

(a) Part 1 — on the day on which this Act receives the

Royal Assent;

(b) the rest of the Act — on the day after that day.

3. Primary purposes of Act

The primary purposes of this Act are —

(a) to provide for the amelioration of problems in relation to

compliance with statutory requirements, and of

impediments to the processes of government, arising

from the emergency response to the COVID-19

pandemic; and

(b) to provide for the amelioration of problems arising from

the emergency response to an outbreak, or the risk of an

outbreak, of COVID-19 in the State; and

(c) to facilitate aspects of the economic recovery from the

emergency response to the COVID-19 pandemic.

4. Terms used

(1) In this Act —

agency has the meaning given in the Public Sector Management

Act 1994 section 3(1);

authorisation includes an approval, licence or permit;

COVID emergency declaration means a declaration made

under the Emergency Management Act 2005 section 56, or the


Preliminary Part 1

s. 5


Public Health Act 2016 section 167, in relation to the

COVID-19 pandemic;

non-SES organisation has the meaning given in the Public

Sector Management Act 1994 section 3(1);

portfolio Minister, in relation to an Act, means the Minister to

whom the administration of the whole or a part of the Act is

committed;

prescribed means prescribed by regulations under this Act.

(2) In this Act —

(a) a reference to a thing done includes a reference to a

thing omitted to be done; and

(b) a reference to a requirement under an Act includes a

reference to the Act providing consequences for doing

or not doing a thing; and

(c) a reference to the portfolio Minister in relation to an Act

is, if the administration of the Act is committed to more

than 1 Minister, a reference to any of those Ministers.

5. Act binds Crown

This Act binds the Crown in right of Western Australia and, so

far as the legislative power of the Parliament permits, the Crown

in all its other capacities.

6. Relationship of this Act to other written laws

This Act has effect despite any other written law.


Part 2 Provisions of general application

Division 1 Fees and charges

s. 7


Part 2 — Provisions of general application

Division 1 — Fees and charges

Subdivision 1 — Preliminary

7. Terms used

In this Division —

chief employee has the meaning given in the Public Sector

Management Act 1994 section 3(1);

fee includes the following —

(a) a due;

(b) an amount of Metropolitan Region Improvement Tax

under the Planning and Development Act 2005

section 200;

(c) a penalty for a late application under any of the

following Acts —

(i) the Auction Sales Act 1973;

(ii) the Debt Collectors Licensing Act 1964;

(iii) the Employment Agents Act 1976;

(iv) the Land Valuers Licensing Act 1978;

(v) the Motor Vehicle Dealers Act 1973;

(vi) the Real Estate and Business Agents Act 1978.

Subdivision 2 — CEO and chief employee orders

8. CEOs or chief employees may reduce, waive or refund fees

and charges

(1) The chief executive officer or chief employee of an agency or

non-SES organisation principally assisting in the administration

of a relevant enactment may by order reduce, waive or refund a

fee or charge under the enactment.


Provisions of general application Part 2

Fees and charges Division 1

s. 8


Note for this subsection:

See section 103 for provisions about orders.

(2) Subsection (1) is in addition to and does not affect any power to

reduce, waive or refund a fee or charge under a written law.

(3) For the purposes of this section, the relevant enactments are —

(a) the Environmental Protection Act 1986; and

(b) the Firearms Act 1973; and

(c) the Government Railways Act 1904; and

(d) the Jetties Act 1926; and

(e) the Land Administration Act 1997; and

(f) the Land Information Authority Act 2006; and

(g) the Licensed Surveyors Act 1909; and

(h) the Planning and Development Act 2005; and

(i) the Public Transport Authority Act 2003; and

(j) the Road Traffic (Administration) Act 2008; and

(k) the Road Traffic (Authorisation to Drive) Act 2008; and

(l) the Road Traffic (Vehicles) Act 2012; and

(m) the Road Traffic (Vehicles) (Taxing) Act 2008; and

(n) the Rottnest Island Authority Act 1987; and

(o) the Security and Related Activities (Control) Act 1996;

and

(p) the Shipping and Pilotage Act 1967; and

(q) the Valuation of Land Act 1978; and

(r) the Western Australian Marine Act 1982; and

(s) a prescribed enactment.



Division 1 Fees and charges

s. 9


9. CEOs or chief employees may extend timeframes for

payment of fees and charges

(1) If a fee or charge under a relevant enactment needs to be paid

before, by or at a particular time or within a particular period,

the chief executive officer or chief employee of the agency or

non-SES organisation principally assisting in the administration

of the enactment, may by order —

(a) postpone the particular time; or

(b) extend the particular period.




(a) the Environmental Protection Act 1986; and

(b) a prescribed enactment.

10. Subdivision and orders cease to have effect

(1) This Subdivision ceases to have effect at the end of

31 December 2021.

(2) The cessation of this Subdivision may be postponed under

section 27.

(3) An order made under this Subdivision ceases to have effect

when this Subdivision ceases to have effect.

Subdivision 3 — Validation of reductions, waivers and refunds

11. Validation of reductions, waivers and refunds

(1) In this section —

validation period means the period —

(a) beginning on 1 April 2020; and

(b) ending on the last day of the period of 6 months

beginning on the day on which this section comes into

operation.



Fees and charges Division 1

s. 11


(2) Any fee or charge under a relevant Act purportedly reduced,

waived or refunded during the validation period is taken to be,

and to have always been, validly reduced, waived or refunded.

(3) Anything done, or purportedly done, as a result or consequence

of, or in reliance on or in relation to, a reduction, waiver or

refund validated under subsection (2) (a validated reduction,

waiver or refund) is as valid and effective, and is taken to have

always been as valid and effective, as it would have been if the

validated reduction, waiver or refund had been valid at the time

the thing was done or purportedly done.

(4) For the purposes of subsection (2), the relevant Acts are —

(a) the Associations Incorporation Act 2015; and

(b) the Auction Sales Act 1973; and

(c) the Building Services (Registration) Act 2011; and

(d) the Co-operatives Act 2009; and

(e) the Dangerous Goods Safety Act 2004; and

(f) the Debt Collectors Licensing Act 1964; and

(g) the Electricity Act 1945; and

(h) the Employment Agents Act 1976; and

(i) the Gas Standards Act 1972; and

(j) the Government Railways Act 1904; and

(k) the Jetties Act 1926; and

(l) the Land Valuers Licensing Act 1978; and

(m) the Limited Partnerships Act 2016; and

(n) the Mines Safety and Inspection Act 1994; and

(o) the Motor Vehicle Dealers Act 1973; and

(p) the Motor Vehicle Repairers Act 2003; and

(q) the Occupational Safety and Health Act 1984; and

(r) the Plumbers Licensing Act 1995; and

(s) the Public Transport Authority Act 2003; and



Division 2 Meetings

s. 12


(t) the Real Estate and Business Agents Act 1978; and

(u) the Settlement Agents Act 1981; and

(v) the Shipping and Pilotage Act 1967.

Division 2 — Meetings

Subdivision 1 — Meetings

12. Term used: body

In this Subdivision —

body includes a Development Assessment Panel as defined in

the Planning and Development Act 2005 section 4(1).

13. Meetings under relevant enactments may occur by

instantaneous communication

(1) If, under a relevant enactment, a board, committee or other body

is required or permitted to hold a meeting, the meeting may be

held in whole or in part using —

(a) a telephone; or

(b) audiovisual communication; or

(c) any other means of instantaneous communication.

(2) If, under a relevant enactment, a person is required or permitted

to attend or be present at a meeting, the person may participate

in the meeting in whole or in part using —

(a) a telephone; or

(b) audiovisual communication; or

(c) any other means of instantaneous communication.

(3) A person who participates in a meeting in reliance on

subsection (1) or (2) is taken to have attended and been present

at the meeting and, if the person votes at the meeting, the person

is taken to have voted in person.



Meetings Division 2

s. 14



(a) the Aboriginal Affairs Planning Authority Act 1972; and

(b) the Aboriginal Heritage Act 1972; and

(c) the Conservation and Land Management Act 1984; and

(d) the Environmental Protection Act 1986; and

(e) the Land Administration Act 1997; and

(f) the Litter Act 1979; and

(g) the Planning and Development Act 2005; and

(h) the Rottnest Island Authority Act 1987.

14. Public meetings

(1) A requirement under a relevant enactment that a meeting be

open to the public is satisfied if members of the public can

observe the meeting using audiovisual communication.

(2) For the purposes of this section, the relevant enactment is the

Planning and Development Act 2005.

15. Locations of meetings

(1) A requirement under a relevant enactment that the location of a

meeting be published or given is satisfied if the following are

published or given —

(a) if the meeting is a public meeting — details of how a

person may observe the meeting using audiovisual

communication;

(b) if the meeting is not a public meeting — details of how a

person may participate in the meeting in reliance on

section 13(2).





Division 2 Meetings

s. 16


16. Venues for meetings

(1) A requirement under a relevant enactment that a venue for a

meeting be provided to a board, committee or other body is

satisfied if suitable arrangements are made that enable the

board, committee or other body to hold the meeting using

audiovisual communication.



17. Subdivision ceases to have effect


31 December 2021.


section 27.

Subdivision 2 — Validation of meetings and decisions

18. Validation of meetings and decisions

(1) Any meeting held or purportedly held, or decision made or

purportedly made, under a relevant Act during the period

beginning on 16 March 2020 and ending immediately before the

day on which this section comes into operation is taken to be,

and to have always been, as validly held or made as it would

have been if Subdivision 1, and any regulations made under that

Subdivision, had been in effect at the time of the meeting or

decision.

(2) Anything done, or purportedly done, as a result or consequence

of, or in reliance on or in relation to, a meeting or decision

validated under subsection (1) (a validated meeting or decision)

is as valid and effective, and is taken to have always been as

valid and effective, as it would have been if the validated

meeting or decision had been valid at the time the thing was

done or purportedly done.



Public availability of documents Division 3

s. 19


(3) For the purposes of subsection (1), the relevant Acts are —

(a) the Aboriginal Heritage Act 1972; and

(b) the Conservation and Land Management Act 1984; and

(c) the Environmental Protection Act 1986; and

(d) the Litter Act 1979; and

(e) the Planning and Development Act 2005; and

(f) the Rottnest Island Authority Act 1987.

Division 3 — Public availability of documents

Subdivision 1 — Public availability of documents

19. Public availability of documents

(1) A requirement under a relevant enactment that any document be

made available for public inspection at a physical location

(whether or not for a fee) is satisfied if the document is instead

made available (free of charge) on a website maintained by, or

on behalf of —

(a) the person subject to the requirement; or

(b) if there is no website maintained by, or on behalf of, that

person — the agency or non-SES organisation

principally assisting in the administration of the relevant

enactment.


(a) the Forrest Place and City Station Development

Act 1985; and

(b) the Hope Valley-Wattleup Redevelopment Act 2000; and

(c) the Metropolitan Redevelopment Authority Act 2011;

and

(d) the Planning and Development Act 2005; and

(e) the Waste Avoidance and Resource Recovery Act 2007;

and



Division 4 Presence and dealing with documents by audiovisual communication

s. 20


(f) the Water Services Act 2012; and

(g) the Western Australian Land Authority Act 1992.

20. Subdivision ceases to have effect


31 December 2021.


section 27.

Subdivision 2 — Validation of things done

21. Validation of things done

A failure to comply with a public availability requirement

described in section 19(1) during the period commencing on

16 March 2020 and ending immediately before the day on

which this section comes into operation does not affect the

validity of anything required or permitted to be done or arising

in relation to or as a consequence of the public availability

requirement.

Division 4 — Presence and dealing with documents by

audiovisual communication

22. Presence by audiovisual communication

(1) For the purposes of a relevant enactment under which a person

(person A) is required or permitted to do something before or in

the presence of another person (the witness), person A does the

thing before or in the presence of the witness if, by audiovisual

communication at the time that person A does the thing —

(a) person A and the witness are able to see and hear each

other; and

(b) the witness observes person A do the thing.



Presence and dealing with documents by audiovisual communication

Division 4

s. 23


(2) For the purposes of a relevant enactment under which

something is required or permitted to be done before or in the

presence of a person (the witness), the thing is done before or in

the presence of the witness if, by audiovisual communication at

the time a person (person A) does the thing —

(a) person A and the witness are able to see and hear each

other; and

(b) the witness observes person A do the thing.

(3) For the purposes of a relevant enactment a witness is present at

the same time as another witness if they are able to see and hear

each other, whether by audiovisual communication or in person.

23. Signing documents witnessed by audiovisual communication


sign, in relation to a document, includes —

(a) attest or subscribe the document; and

(b) affix or make a seal, mark or thumbprint on the

document; and

(c) initial or make any other writing on the document.

(2) If section 22 applies and under the relevant enactment the

witness is required to sign a document signed or otherwise dealt

with by person A, the requirement is satisfied if the witness —

(a) satisfies themselves that the document they are about to

sign is the document signed or otherwise dealt with by

person A or a counterpart or copy of that document; and

(b) signs the document or the counterpart or copy as

required under the relevant enactment; and

(c) endorses the document or the counterpart or copy with a

statement that it was dealt with in accordance with this

section.



Division 4 Presence and dealing with documents by audiovisual communication

s. 24


(3) The witness must comply with subsection (2)(a) to (c) —

(a) if the relevant enactment imposes a requirement as to

the presence of the witness — in accordance with the

requirement; or

(b) if paragraph (a) does not apply —

(i) while the witness and person A are still able to

see and hear each other by audiovisual

communication; or

(ii) if it is not practicable to comply with

subparagraph (i) — as soon as practicable after

the witness and person A cease to be able to see

and hear each other by audiovisual

communication.

24. Relevant enactments

For the purposes of this Division, the relevant enactments are —

(a) the Coroners Act 1996; and

(b) the Family Court Act 1997; and

(c) the Heritage Act 2018; and

(d) the Land Information Authority Act 2006; and

(e) the Litter Act 1979; and

(f) the Metropolitan Redevelopment Authority Act 2011;

and

(g) the Mining Act 1978; and

(h) the National Trust of Australia (W.A.) Act 1964; and

(i) the Oaths, Affidavits and Statutory Declarations

Act 2005; and

(j) the Petroleum Act 1936; and

(k) the Planning and Development Act 2005; and

(l) the Public Transport Authority Act 2003; and

(m) the Water Agencies (Powers) Act 1984; and



General provisions Division 5

s. 25


(n) the Water Corporations Act 1995; and

(o) the Western Australian Land Authority Act 1992; and

(p) a prescribed enactment.

25. Relationship with other laws relating to electronic processes

(1) Except as provided in subsection (2), this Division is in addition

to, and not in substitution for —

(a) the Electronic Transactions Act 2011; and

(b) the Oaths, Affidavits and Statutory Declarations

Act 2005; and

(c) a provision of any other written law (including a

provision of a relevant enactment) that authorises or

permits the use of electronic processes for the purposes

of a relevant enactment.

(2) The Electronic Transactions Regulations 2012 regulations 3 and

4 do not apply in circumstances in which this Division applies.

26. Division ceases to have effect

(1) This Division ceases to have effect at the end of

31 December 2021.

(2) The cessation of this Division may be postponed under

section 27.

Division 5 — General provisions

27. Postponing cessation of Divisions and Subdivisions

(1) If, under a provision of this Part, the cessation of a Division or

Subdivision may be postponed, the Governor, on the

recommendation of the Minister, may postpone the cessation of

the Division or Subdivision until the end of a day specified in a

proclamation made before the Division or Subdivision ceases.



Division 5 General provisions

s. 27


(2) The Minister cannot make a recommendation for the purposes

of subsection (1) unless satisfied that postponing the cessation

of the Division or Subdivision is necessary or expedient for a

purpose in section 3.

(3) The Governor may postpone the cessation of a Division or

Subdivision more than once, but cannot specify a day that is

after 30 June 2025.

(4) Each postponement of a Division or Subdivision cannot be for

longer than 12 months beginning on the day after the most

recent day at the end of which the Division or Subdivision

would have ceased.

(5) The Interpretation Act 1984 section 42 applies to and in relation

to a proclamation as if the proclamation were a regulation.


Provisions affecting obligations or authorisations under Acts Part 3

Preliminary Division 1

s. 28


Part 3 — Provisions affecting obligations or

authorisations under Acts

Division 1 — Preliminary

28. Terms used

In this Part —

operative period, for a provision of this Part, means the

period —

(a) beginning on the day on which this section comes into

operation; and

(b) ending on 31 December 2021, or a later day specified

under section 34;

region planning scheme has the meaning given in the Planning

and Development Act 2005 section 4(1);

Transport CEO means the chief executive officer of the

department of the Public Service principally assisting in the

administration of the Road Traffic (Administration) Act 2008.

Division 2 — Authorisations generally

29. Decision-maker may set new expiry day for authorisations

during operative period


Environment CEO means the CEO as defined in the

Environmental Protection Act 1986 section 3(1);

expire, for a relevant authorisation, includes the authorisation

expiring, ceasing to have effect, lapsing or otherwise ending at

the end of a period of time;

original expiry day, for a relevant authorisation, means the day

on which the authorisation is to expire under the Act;

relevant authorisation means an authorisation, under an Act,

listed in column 1 of the Table to subsection (2).


Part 3 Provisions affecting obligations or authorisations under Acts

Division 2 Authorisations generally

s. 29


(2) A person (the decision-maker) listed in column 2 of the Table

opposite a relevant authorisation may specify, by order made

during the operative period for this section, a new day (the new

expiry day) on which the authorisation expires if —

(a) the decision-maker is satisfied that the order is necessary

or expedient for a purpose in section 3(a) or (b); and

(b) the order is made before the original expiry day for the

authorisation; and

(c) the new expiry day is —

(i) after the original expiry day for the authorisation;

and

(ii) before the day that is 12 months after the original

expiry day for the authorisation; and

(iii) before 30 June 2025.

Table

Authorisation Decision-maker

A clearing permit under the

Environmental Protection

Act 1986 Part V Division 2

The Environment CEO

A licence under the


Act 1986 Part V Division 3

The Environment CEO

A works approval under the


Act 1986

The Environment CEO

A licence under the Jetties

Act 1926

The chief executive officer

as defined in the Jetties

Act 1926 section 3



Authorisations generally Division 2

s. 29


Authorisation Decision-maker

A permit under regulations

made under the Jetties

Act 1926

The chief executive officer

as defined in the Jetties

Act 1926 section 3

A driver’s licence under the

Road Traffic (Authorisation

to Drive) Act 2008

The Transport CEO

A learner’s permit under the

Road Traffic (Authorisation

to Drive) Act 2008 Part 2

Division 2

The Transport CEO

A vehicle licence under the

Road Traffic (Vehicles)

Act 2012

The Transport CEO

A licence under the Tobacco

Products Control Act 2006

The CEO as defined in the

Health Legislation

Administration Act 1984

section 3

A licence under the Water

Services Act 2012 Part 2

Division 2

The Economic Regulation

Authority established by the

Economic Regulation

Authority Act 2003 section 4

A prescribed authorisation A prescribed person who

grants a prescribed

authorisation






s. 29


(3) An order may —

(a) apply to a relevant authorisation that has been the

subject of a previous order under this section; and

(b) specify a new expiry day by —

(i) specifying a particular day; or

(ii) referring to a period of time after the original

expiry day for the relevant authorisation.

Example for this subsection:

An order may specify new expiry days for a class of relevant authorisations by stating that the new expiry day for each authorisation in the class is the day that is 6 months after the original expiry day for the authorisation.

(4) A relevant authorisation the subject of an order —

(a) does not expire on the original expiry day for the

authorisation; but

(b) expires at the end of the new expiry day for the

authorisation under the order.

(5) However —

(a) a relevant authorisation the subject of an order may

be —

(i) suspended, cancelled or otherwise ended (other

than by expiring) under a written law; or

(ii) the subject of a decision under section 31 that the

order no longer applies to the authorisation;

and

(b) if a person is disqualified under a written law from

holding a relevant authorisation, an order under this

section does not affect the disqualification.



Authorisations generally Division 2

s. 30


30. Decision-maker may modify or remove conditions of

authorisations during operative period


meter has the meaning given in the Rights in Water and

Irrigation Act 1914 Schedule 1 clause 46(5);

relevant authorisation means an authorisation listed in

column 1 of the Table to subsection (2).

(2) If a relevant authorisation is subject to a condition of a type

listed in column 2 of the Table, a person (the decision-maker)

listed in column 3 of the Table opposite the authorisation may

determine, by order made during the operative period for this

section, that the condition —

(a) no longer applies; or

(b) applies with the modifications set out in the order.

Table

Authorisation Condition Decision-maker

A clearing licence

under the Country

Areas Water

Supply Act 1947

section 12C

Any condition of

the licence

imposed under the

Country Areas

Water Supply

Act 1947

The portfolio

Minister for the

Country Areas

Water Supply

Act 1947

A licence under

the Rights in

Water and

Irrigation

Act 1914

section 5C

A condition about

meters imposed

on the licence by

regulations made

under the Rights

in Water and

Irrigation

Act 1914

The portfolio

Minister for the

Rights in Water

and Irrigation

Act 1914




s. 31


Authorisation Condition Decision-maker

A prescribed

authorisation

A prescribed class

of conditions in

relation to the

prescribed

authorisation

A prescribed

person who grants

the prescribed

authorisation



(3) The decision-maker cannot make the order unless satisfied that

the order is necessary or expedient for a purpose in section 3(a)

or (b).

(4) An order may apply to a relevant authorisation that has been the

subject of a previous order under this section.

(5) An order ceases to have effect at the end of —

(a) the 1st anniversary of the day on which the order comes

into operation; or

(b) if an earlier day is specified in the order — that day.

(6) Subject to section 31, during the period an order is in effect a

person is taken to have satisfied a condition of a relevant

authorisation the subject of the order if, under the order, the

condition —

(a) no longer applies to the authorisation; or

(b) applies with modifications and the modified condition is

satisfied.

31. Decision-maker may decide order no longer applies to

relevant authorisation if condition of order breached

(1) If a condition of an order made under section 29 or 30 is not

satisfied in relation to a relevant authorisation, the

decision-maker for the relevant authorisation may decide that

the order no longer applies to the authorisation.



Specific provisions Division 3

s. 32


(2) Before making a decision under subsection (1), the

decision-maker must —

(a) give the holder of the relevant authorisation a written

notice stating that —

(i) a condition of the order has not been satisfied in

relation to the relevant authorisation; and

(ii) because the condition of the order has not been

satisfied, the decision-maker may make a

decision under subsection (1); and

(iii) the holder may make a written submission about

the decision during a period (of not less than

28 days from the day on which the notice is

received by the holder) stated in the notice;

and

(b) consider any submissions received under

paragraph (a)(iii).

(3) After making a decision under subsection (1), the

decision-maker must give the holder of the relevant

authorisation a written notice setting out —

(a) the decision; and

(b) if the decision is that the order no longer applies to the

relevant authorisation — the reasons for the decision.

Division 3 — Specific provisions

32. Exemption from local planning scheme taken to be

exemption from region planning scheme


clause 78H notice means a notice made under the Planning and

Development (Local Planning Schemes) Regulations 2015

Schedule 2 clause 78H(1) or (6).



Division 3 Specific provisions

s. 33


(2) This section applies if —

(a) a person does something (whether before or after the

day on which this section comes into operation)

pursuant to an exemption from a planning requirement

in a clause 78H notice in force when the thing is done;

and

(b) the thing done contravenes a requirement or provision of

a region planning scheme.

(3) Despite the requirement or provision of the region planning

scheme, the thing done is, and is taken to always have been,

done pursuant to an exemption from the requirement or

provision.

33. Extension of certain time limits under relevant schemes


development approval means an approval granted under a

relevant scheme;

relevant scheme means an improvement scheme as defined in

the Planning and Development Act 2005 section 4(1) or a region

planning scheme.

(2) This section applies to a development approval that —

(a) is valid on 8 April 2020; or

(b) is granted on or after 8 April 2020 if, at the time it is

granted, a COVID emergency declaration is in effect.

(3) Despite anything provided in a development approval or in the

relevant scheme under which it is granted, the development

approval —

(a) remains valid until the day which is 2 years after the day

on which, but for this section, it would have ceased to be

valid; and

(b) lapses if the development has not been substantially

commenced before that day.



End of operative periods for provisions of Part Division 4

s. 34


(4) A development which has been substantially commenced by the

day provided by subsection (3)(a) is taken to have been

substantially commenced within the time required under the

development approval and the relevant scheme under which it is

granted.

(5) This section does not prevent the time until which a

development approval remains valid or the time within which a

development is required to be substantially commenced from

being varied by an amendment to the development approval

made under the Planning and Development Act 2005.

Division 4 — End of operative periods for provisions of Part

34. Postponing ending of operative periods for provisions of this

Part

(1) The Governor, on the recommendation of the Minister, may, by

proclamation made before the operative period for a provision

of this Part ends, postpone the end of the operative period until a

day specified for the provision in the proclamation.

(2) The Minister cannot make a recommendation for the purposes

of subsection (1) unless satisfied that postponing the end of the

operative period for a provision is necessary or expedient for a


(3) The Governor may postpone the end of an operative period

more than once, but cannot specify a day that is after

30 June 2025.

(4) Each postponement of the operative period for a provision

cannot be for longer than 12 months beginning on the day after

the most recent day on which the operative period would have

ended.





Division 4 End of operative periods for provisions of Part

s. 35


35. End of operative period does not affect things done during

period

The ending of the operative period for a provision of this Part

does not affect anything done during the operative period in

reliance on the provision.

36. Orders cease to have effect at the end of 30 June 2025

An order made under this Part that has not ceased to have effect

on or before 30 June 2025 ceases to have effect at the end of

that day.


Modification of Acts Part 4

Bail Act 1982 modified Division 1

s. 37


Part 4 — Modification of Acts

Division 1 — Bail Act 1982 modified

37. Act modified

(1) The Bail Act 1982 applies as if modified as set out in this

Division.

(2) Subsection (1) ceases to have effect at the end of

31 December 2021.

(3) The cessation of subsection (1) may be postponed under

section 52.

38. Section 43A modified

Delete section 43A(2) and insert:

(2) This section applies if —

(a) a proposed surety is in another State or a

Territory; or

(b) it is impracticable for the proposed surety to

enter into a surety undertaking in person before

a relevant official.

Division 2 — Mental Health Act 2014 modified

39. Term used: Mental Health Infection Control Directions

For the purposes of this Division —

Mental Health Infection Control Directions means the

directions, referred to as the Mental Health Infection Control

Directions —

(a) made under the Public Health Act 2016 sections 157 and

190 on 6 April 2020; and


Part 4 Modification of Acts

Division 2 Mental Health Act 2014 modified

s. 40


(b) that provide for infection control measures, relating to

the COVID-19 pandemic, to be followed when

conducting assessments and examinations under the

Mental Health Act 2014.

40. Act modified

(1) The Mental Health Act 2014 applies as if modified as set out in

this Division.

(2) Subsection (1) has effect while the Mental Health Infection

Control Directions, or any replacement directions, have effect.

41. Section 48 modified

After section 48(4) insert:

(5) Despite any other provision of this section, an

assessment may be conducted using audiovisual

communication if the practitioner is satisfied that it is

necessary or expedient to do so to comply with the

requirements of the Mental Health Infection Control

Directions or any replacement directions.


(1) Delete section 79(3)(c) and insert:

(c) a health professional and the person being

examined —

(i) are in one another’s physical presence;

or



Mental Health Act 2014 modified Division 2

s. 43


(ii) if that is not practicable — are able to

hear one another without using a

communication device (for example, by

being able to hear one another through a

door).

(2) After section 79(6) insert:

(7) Despite any other provision of this section, an

examination may be conducted using audiovisual

communication if the psychiatrist or practitioner is

satisfied that it is necessary or expedient to do so to

comply with the requirements of the Mental Health

Infection Control Directions or any replacement

directions.

43. Validation of assessments and examinations

(1) This section applies to an assessment or examination under the

Mental Health Act 2014 Part 6 Division 2 or 3 conducted —

(a) using audiovisual communication; and

(b) on or after 7 April 2020 (the day on which the Mental

Health Infection Control Directions commenced to have

effect) and before the day on which this section comes

into operation.

(2) The assessment or examination, and any referral or order made

as a result, is as valid and effective, and is to be taken to have

always been as valid and effective, as it would have been if —

(a) the modifications set out in this Division had been in

effect at the time of the assessment or examination; and

(b) the psychiatrist or practitioner had been satisfied as

described in those modifications.



Division 3 Oaths, Affidavits and Statutory Declarations Act 2005 modified

s. 44


Division 3 — Oaths, Affidavits and Statutory Declarations

Act 2005 modified

44. Act modified

(1) The Oaths, Affidavits and Statutory Declarations Act 2005

applies as if modified as set out in this Division.


31 December 2021.


section 52.


Before section 9(6)(a) insert:

(aa) if the affidavit is made at the time a COVID

emergency declaration as defined in the


Omnibus Act 2020 section 4(1) is in effect — a

person prescribed by the regulations for the

purpose of this paragraph;

Division 4 — Sentencing Act 1995 modified and consequential

modification

Subdivision 1 — Sentencing Act 1995 modified

46. Act modified

(1) The Sentencing Act 1995 applies as if modified as set out in this

Subdivision.


31 December 2021.



Sentencing Act 1995 modified and consequential modification Division 4

s. 47



section 52.


In section 14(1) delete “section 14A.” and insert:

section 14A or audio link under section 14B.

48. Section 14B inserted

After section 14A insert:

14B. Use of audio link for sentencing


audio link means facilities, including telephones, that

enable, at the same time, a court at one place to hear a

person at another place and vice versa;

non-custodial sentence means a sentence imposed

under Part 7, 8, 8A, 9 or 10;

video link has the meaning given in section 14A(4).

(2) A court sentencing an offender may, on an application

by the offender, direct that the offender appear before it

by audio link from a place in this State.

(3) The court must not make a direction under

subsection (2) unless all of the following circumstances

apply —

(a) the offender has been convicted of an offence

on a plea of guilty;

(b) the court proposes to impose a non-custodial

sentence on the offender in respect of the

offence;



Division 4 Sentencing Act 1995 modified and consequential modification

s. 49


(c) the court is satisfied that —

(i) the audio link is available or can

reasonably be made available; and

(ii) the direction is in the interests of justice.

(4) The place where an offender attends for sentencing by

audio link is taken to be part of the court for the

purposes of the sentencing.

(5) An audio link must not be used under this section if a

video link is available or can reasonably be made

available.


In section 34(1) delete “section 14A,” and insert:

section 14A or audio link under section 14B,

Subdivision 2 — Criminal Procedure Act 2004 modified

consequentially

50. Act modified

(1) The Criminal Procedure Act 2004 applies as if modified as set

out in this Subdivision.

(2) Subsection (1) ceases to have effect when section 46(1) ceases

to have effect.


In section 77(7) delete “section 14A.” and insert:

section 14A or 14B.



Postponing cessation of modifying provisions Division 5

s. 52


Division 5 — Postponing cessation of modifying provisions

52. Postponing cessation of modifying provisions

(1) If, under this Part, the cessation of a provision that provides for

the modification of an Act may be postponed, the Governor, on

the recommendation of the portfolio Minister, may postpone the

cessation of the provision to a day specified in a proclamation

made before the provision ceases.

(2) The portfolio Minister cannot make a recommendation for the

purposes of subsection (1) unless satisfied that postponing the

cessation of the provision is necessary or expedient for a


(3) The Governor may postpone the cessation of a provision more

than once, but cannot specify a day that is after 30 June 2025.

(4) Each postponement of the cessation of a provision cannot be for

longer than 12 months beginning on the day after the most

recent day at the end of which the provision would have ceased.




Part 5 Acts amended: facilitating electronic transactions

Division 1 Extending the application of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013

s. 53


Part 5 — Acts amended: facilitating electronic

transactions

Division 1 — Extending the application of the Courts and

Tribunals (Electronic Processes Facilitation) Act 2013

53. Administration Act 1903 amended

(1) This section amends the Administration Act 1903.

(2) At the end of Part 1 insert:

3A. Courts and Tribunals (Electronic Processes

Facilitation) Act 2013 Pt. 2 applies

The Courts and Tribunals (Electronic Processes

Facilitation) Act 2013 Part 2 applies to this Act.

54. Coroners Act 1996 amended

(1) This section amends the Coroners Act 1996.






55. Courts and Tribunals (Electronic Processes Facilitation)

Act 2013 amended

(1) This section amends the Courts and Tribunals (Electronic

Processes Facilitation) Act 2013.


Acts amended: facilitating electronic transactions Part 5

Extending the application of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013

Division 1

s. 56


(2) In section 6(1):

(a) before paragraph (a) insert:

(aa) the Administration Act 1903;

(b) after paragraph (c) insert:

(ca) the Coroners Act 1996;

(c) after paragraph (e) insert:

(ea) the Criminal Investigation Act 2006;

(eb) the Criminal Investigation (Extra-territorial

Offences) Act 1987;

(ec) the Criminal Investigation (Identifying People)

Act 2002;

(d) after paragraph (j) insert:

(ja) the Family Court Act 1997;

(e) after paragraph (k) insert:

(ka) the Juries Act 1957;

(f) after paragraph (n) insert:

(na) the Sentence Administration Act 2003;

56. Criminal Investigation Act 2006 amended

(1) This section amends the Criminal Investigation Act 2006.



Division 1 Extending the application of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013

s. 57


(2) After section 5 insert:





57. Criminal Investigation (Extra-territorial Offences) Act 1987

amended

(1) This section amends the Criminal Investigation

(Extra-territorial Offences) Act 1987.


3B. Courts and Tribunals (Electronic Processes




58. Criminal Investigation (Identifying People) Act 2002

amended

(1) This section amends the Criminal Investigation (Identifying

People) Act 2002.

(2) After section 4 insert:







Extending the application of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013

Division 1

s. 59


59. Family Court Act 1997 amended

(1) This section amends the Family Court Act 1997.






60. Juries Act 1957 amended

(1) This section amends the Juries Act 1957.






61. Sentence Administration Act 2003 amended

(1) This section amends the Sentence Administration Act 2003.








Division 2 Amendment of environmental and water related legislation

s. 62


Division 2 — Amendment of environmental and water related

legislation

Subdivision 1 — Contaminated Sites Act 2003 amended

62. Act amended

This Subdivision amends the Contaminated Sites Act 2003.

63. Schedule 2 amended

After Schedule 2 item 1 insert:

1A. Providing for notices, reports, approvals or other documents

to be given, sent or served under this Act by electronic

communication (as defined in the Electronic Transactions

Act 2011 section 5(1)) and providing for the proof of that

giving, sending or service.

Subdivision 2 — Litter Act 1979 amended

64. Act amended

This Subdivision amends the Litter Act 1979.

65. Section 33 amended

Before section 33(2)(a) insert:

(aa) providing for notices or other documents to be

given, sent or served under this Act by

electronic communication (as defined in the

Electronic Transactions Act 2011 section 5(1))

and providing for the proof of that giving,

sending or service; and



Amendment of environmental and water related legislation Division 2

s. 66


Subdivision 3 — Rights in Water and Irrigation Act 1914 amended

66. Act amended

This Subdivision amends the Rights in Water and Irrigation

Act 1914.


Delete section 6(6)(b)(iii) and insert:

(iii) indicating how submissions may be

provided.

68. Section 26GZB amended

Delete section 26GZB(b) and insert:

(b) by giving them to the Minister, in a manner

designated by the Minister, and so that they are

received within that period.

69. Section 26GZG amended

Delete section 26GZG(4)(b) and insert:

(b) by giving them to the Minister, in a manner

designated by the Minister, and so that they are

received within that period.




s. 70


70. Section 26N amended

Delete section 26N(3)(b)(iii) and insert:

(iii) indicating how submissions may be

provided.


After section 27(1)(f) insert:

(fa) giving, sending or serving by electronic

communication (as defined in the Electronic

Transactions Act 2011 section 5(1)) notices or

other documents to be given, sent or served

under this Act and how that giving, sending or

service may be proven; and


(1) In section 66(1):

(a) in paragraph (c) delete “abode.” and insert:

abode;

(b) after paragraph (c) insert:

(d) by sending the same by electronic

communication (as defined in the Electronic

Transactions Act 2011 section 5(1)) in the

manner provided for in the regulations.




s. 73


(2) In section 66(4) delete the passage that begins with

“partnership, by” and ends with “State.” and insert:

partnership by —

(a) being delivered to, left at, or posted in a prepaid

letter to the registered office or principal place

of business in the State of the corporation,

company, or partnership; or

(b) being sent by electronic communication (as

defined in the Electronic Transactions Act 2011

section 5(1)) in the manner provided for in the

regulations.

Subdivision 4 — Waste Avoidance and Resource Recovery Act 2007

amended

73. Act amended

This Subdivision amends the Waste Avoidance and Resource

Recovery Act 2007.


Delete section 28(b) and insert:

(b) by —

(i) delivering or posting them so that they

are received within that period at the

offices of the Waste Authority; or

(ii) sending them by electronic

communication (as defined in the

Electronic Transactions Act 2011

section 5(1)) in the manner provided for

in the regulations so that they are




s. 75


received by the Waste Authority within

that period.


Delete section 47(4)(b) and insert:

(b) by —

(i) delivering or posting them so that they

are received within that period at the

offices of the Waste Authority; or

(ii) sending them by electronic

communication (as defined in the

Electronic Transactions Act 2011

section 5(1)) in the manner provided for

in the regulations so that they are

received by the Waste Authority within

that period.

76. Schedule 3 amended

After Schedule 3 item 2 insert:

2A. Without limiting item 1 or 2, providing for notices,

directions or other documents to be given, sent or served

under this Act by electronic communication (as defined in

the Electronic Transactions Act 2011 section 5(1)) and

providing for the proof of that giving, sending or service.

Subdivision 5 — Water Agencies (Powers) Act 1984 amended

77. Act amended

This Subdivision amends the Water Agencies (Powers)

Act 1984.




s. 78



In section 36(4):

(a) in paragraph (e) delete “verified.” and insert:

verified; and

(b) after paragraph (e) insert:

(f) without limiting paragraph (e), may provide for

notices to be given, sent or served under this

Act by electronic communication (as defined in

the Electronic Transactions Act 2011

section 5(1)) and for the proof of that giving,

sending or service.

Subdivision 6 — Water Services Act 2012 amended

79. Act amended

This Subdivision amends the Water Services Act 2012.


After section 222(2)(j) insert:

(ja) without limiting paragraph (j), provide for

notices and other instruments and documents to

be given, sent or served under this Act by

electronic communication (as defined in the

Electronic Transactions Act 2011 section 5(1))

and providing for the proof of that giving,

sending or service;


Part 6 Acts amended: miscellaneous matters

Division 1 Bail Act 1982 amended

s. 81


Part 6 — Acts amended: miscellaneous matters

Division 1 — Bail Act 1982 amended

81. Act amended

This Division amends the Bail Act 1982.

82. Various provisions amended

Amend the provisions listed in the Table as set out in the Table.

Table

Provision Delete

s. 13B(1)(c) in urgent cases or with the accused’s consent,

s. 32(1)(c) in urgent cases or with the accused’s consent,

s. 45(1)(c)(ii) in urgent cases or with the surety’s consent,

Division 2 — Constitution Acts Amendment Act 1899 amended

83. Act amended

This Division amends the Constitution Acts Amendment

Act 1899.

84. Section 45A inserted

At the end of Part II insert:

45A. Executive Council meetings


remote communication, in relation to a meeting,

means any technology that enables all the persons


Acts amended: miscellaneous matters Part 6

Criminal Procedure Act 2004 amended Division 3

s. 85


taking part in the meeting to communicate with each

other at the same time in a reasonably continuous way.

(2) A meeting of the Executive Council may be held —

(a) in person; or

(b) using remote communication; or

(c) by a mix of those 2 ways of meeting.

(3) A person (including the Governor or any member who

is presiding) who participates in a meeting of the

Executive Council using remote communication is

taken to be present at the meeting.

(4) This section applies despite anything in any Letters

Patent relating to the office of Governor.

Division 3 — Criminal Procedure Act 2004 amended

85. Act amended

This Division amends the Criminal Procedure Act 2004.


Delete section 21(3) and insert:

(3) A prosecution is commenced on the day on which a

prosecution notice, signed in accordance with

section 23, is lodged with the court in which the

prosecution is being commenced, whether or not the

notice has been served on the accused.



Division 4 Evidence Act 1906 amended

s. 87



(1) In section 23(2)(d) delete “in accordance with subsection (3)

and, if necessary, subsection (4).” and insert:

by the person who is commencing the prosecution.

(2) Delete section 23(3), (4) and (5).

88. Schedule 1 clause 3 amended

In Schedule 1 clause 3(2) delete “section 23(3).” and insert:

section 23.

Division 4 — Evidence Act 1906 amended

89. Act amended

This Division amends the Evidence Act 1906.

90. Section 106K amended

(1) Delete section 106K(3)(a) and insert:

(a) the accused must not be in the same room as

the affected child when the child’s evidence is

being taken but must be able to —

(i) observe the proceedings by means of a

closed circuit television system and at

all times have the means of

communicating with the accused’s

counsel; or



Evidence Act 1906 amended Division 4

s. 90


(ii) in accordance with subsection (3A),

listen to the proceedings by means of an

audio link and at all times have the

means of communicating with the

accused’s counsel;

and

(2) After section 106K(3) insert:

(3A) Subsection (3)(a)(ii) applies to the accused if, in the

opinion of the judge, it is not desirable for the accused

to attend court due to the accused’s health or another

reason the judge thinks fit.

(3B) If the accused hears the proceedings by means of an

audio link under subsection (3)(a)(ii), the accused must

be provided with a reasonable opportunity to view a

copy of the visually recorded evidence before the

evidence is presented to the court.

(3) After section 106K(4) insert:

(4A) A person must not make a copy of, or otherwise

reproduce, the proceedings, or any part of the

proceedings, heard by means of an audio link under

subsection (3)(a)(ii).

Penalty for this subsection: a fine of $5 000.

(4B) A person must not play, supply or offer to supply any

copy of, or reproduction of, the proceedings, or any

part of the proceedings, heard by means of an audio

link under subsection (3)(a)(ii).

Penalty for this subsection: a fine of $5 000.



Division 5 Interpretation Act 1984 amended and consequential amendments

s. 91


(4C) A person must not broadcast the proceedings, or any

part of the proceedings, heard by means of an audio

link under subsection (3)(a)(ii).

Penalty for this subsection: imprisonment for 1 year

and a fine of $100 000.

91. Section 106N amended

In section 106N(2)(a) delete “outside the courtroom but within

the court precincts,” and insert:

at a place, other than the courtroom, that is approved by the

court,

Division 5 — Interpretation Act 1984 amended and

consequential amendments

Subdivision 1 — Interpretation Act 1984 amended

92. Act amended

This Subdivision amends the Interpretation Act 1984.


In section 3(3) delete “45,”.


Delete section 45(3).

Subdivision 2 — Consequential amendments

95. Auction Sales Act 1973 amended

(1) This section amends the Auction Sales Act 1973.

(2) Delete section 37(2).



Interpretation Act 1984 amended and consequential amendments

Division 5

s. 96


96. Debt Collectors Licensing Act 1964 amended

(1) This section amends the Debt Collectors Licensing Act 1964.


97. Employment Agents Act 1976 amended

(1) This section amends the Employment Agents Act 1976.


98. Finance Brokers Control Act 1975 amended

(1) This section amends the Finance Brokers Control Act 1975.


99. Land Valuers Licensing Act 1978 amended

(1) This section amends the Land Valuers Licensing Act 1978.


100. Motor Vehicle Dealers Act 1973 amended

(1) This section amends the Motor Vehicle Dealers Act 1973.


101. Real Estate and Business Agents Act 1978 amended

(1) This section amends the Real Estate and Business Agents

Act 1978.


102. Transfer of Land Act 1893 amended

(1) This section amends the Transfer of Land Act 1893.



Part 7 Miscellaneous

s. 103


Part 7 — Miscellaneous

103. Provisions about orders made under Act

(1) This section applies to an order made under this Act.


Orders may be made under sections 8, 9, 29 and 30.

(2) The order is subsidiary legislation for the purposes of the

Interpretation Act 1984.

(3) The Interpretation Act 1984 section 43(1) and (6) do not apply

to the order, however, the order must not be inconsistent with

this Act.

(4) The order must, while in effect, be published on a website

maintained by, or on behalf of —

(a) the person who made the order; or

(b) if there is no website maintained by, or on behalf of, that

person — the agency or non-SES organisation

principally assisting in the administration of the Act in

relation to which the order is made.

(5) A failure to comply with subsection (4) does not affect the

validity of the order.

104. Effect of provisions of this Act, certain regulations and

orders ceasing to have effect

When a provision of this Act or an order made under this Act,

ceases to have effect, the Interpretation Act 1984 section 37

applies as if the provision, regulation or order had been

repealed.


Miscellaneous Part 7

s. 105


105. Regulations

(1) The Governor may make regulations prescribing all matters that

are required or permitted by this Act to be prescribed, or are

necessary or convenient to be prescribed, for giving effect to the

purposes of this Act.

(2) The regulations may deal with all matters of a savings or

transitional nature arising as a result of —

(a) a provision of this Act ceasing to have effect; or

(b) an order made under this Act ceasing to have effect.

(3) Regulations made for the purposes of subsection (2) may —

(a) have effect despite any other written law; or

(b) provide that a specified provision of another written law

does not apply, or applies with specified modifications,

to or in relation to a matter.

(4) If regulations made for the purposes of subsection (2) provide

that a specified state of affairs is taken to have existed, or not to

have existed, on and from a day that is earlier than the day on

which the regulations come into operation (but not earlier than

the day on which the relevant provision or order ceased to have

effect), the regulations have effect according to their terms.

(5) If regulations made for the purposes of subsection (2) contain a

provision referred to in subsection (4), the provision does not

operate so as to —

(a) affect, in a manner prejudicial to any person (other than

the State or a public authority), rights of that person

existing before the day on which the regulations come

into operation; or

(b) impose liabilities on any person (other than the State or

a public authority) in respect of anything done or

omitted to be done before the day on which the

regulations come into operation.


Part 7 Miscellaneous

s. 105


(6) Regulations made for the purposes of subsection (2) must be

made within a period that is reasonably and practicably

necessary to deal with the savings or transitional matter, and

cannot be made after 30 June 2025.

(7) Regulations made for the purposes of subsection (2) are

additional to any relevant provisions of the Interpretation

Act 1984.

(8) In subsection (5) —

public authority means —

(a) a Minister of the State; or

(b) an agency, authority or instrumentality of the State; or

(c) a body, whether incorporated or not, that is established

or continued for a public purpose by or under a written

law; or

(d) a local government or regional local government.


Defined terms


Defined terms

[This is a list of terms defined and the provisions where they are defined.

The list is not part of the law.]

Defined term Provision(s)

agency .............................................................................................................. 4(1)

authorisation..................................................................................................... 4(1)

body .................................................................................................................... 12

chief employee ...................................................................................................... 7

clause 78H notice ........................................................................................... 32(1)

COVID emergency declaration ........................................................................ 4(1)

decision-maker .................................................................................... 29(2), 30(2)

development approval .................................................................................... 33(1)

Environment CEO .......................................................................................... 29(1)

expire ............................................................................................................. 29(1)

fee ......................................................................................................................... 7

Mental Health Infection Control Directions ....................................................... 39

meter .............................................................................................................. 30(1)

new expiry day ............................................................................................... 29(2)

non-SES organisation....................................................................................... 4(1)

operative period .................................................................................................. 28

original expiry day ......................................................................................... 29(1)

person A ............................................................................................. 22(1) and (2)

portfolio Minister ............................................................................................. 4(1)

prescribed ......................................................................................................... 4(1)

public authority ............................................................................................ 105(8)

region planning scheme ...................................................................................... 28

relevant authorisation .......................................................................... 29(1), 30(1)

relevant scheme .............................................................................................. 33(1)

sign ................................................................................................................. 23(1)

Transport CEO .................................................................................................... 28

validated meeting or decision ........................................................................ 18(2)

validated reduction, waiver or refund ............................................................ 11(3)

validation period ............................................................................................ 11(1)

witness ............................................................................................... 22(1) and (2)

© State of Western Australia 2020.

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit legislation.wa.gov.au.

Attribute work as: © State of Western Australia 2020.

By Authority: KEVIN J. McRAE, Government Printer

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COVID-19 Response and Economic Recovery Omnibus Act 2020